Oklahoma Time for Appeal, Petition in Error, Briefs, and Service is the time limit for filing certain documents in an appellate or post-conviction matter. Appeal: Appeals to the Oklahoma Court of Criminal Appeals (CCA) must be filed within 30 days of the judgment or order being appealed. Extensions are available upon motion for good cause. Petition in Error: Petitions in Error for relief from a judgment or order must be filed within 180 days of the judgment or order being challenged. Extensions are available upon motion for good cause. Briefs: Appellant and Appealed briefs in appeals to CCA must be filed within 30 days of the appeal being accepted. Extensions are available upon motion for good cause. Service: Service of all documents must be made on all parties in the manner prescribed by the rules of the CCA.
Oklahoma Time for Appeal, Petition in Error, Briefs, and Service
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Oklahoma Supreme Court Rule 1.36(d)(2) requires an ?Index to Contents of Record? that uses numeric references that correspond to tabs for each of the documents or transcripts included in the record.
(c) Response to Petition in Error, Entry of Appearance, and Notice. Within twenty days after the petition in error is filed, appellee shall file a response to the petition in error with fourteen copies in the office of the Clerk of the Supreme Court. The response shall comply with Rule 1.301, Form No. 6.
Rule 13 - Summary Judgment a. A party may move for either summary judgment or summary disposition of any issue on the merits on the ground that the evidentiary material filed with the motion or subsequently filed with leave of court show that there is no substantial controversy as to any material fact.
The Court may dismiss an appeal without notice when six months have transpired since the filing of the Notice of Completion of Record and no Brief-in-chief has been filed and where no extension of time for the Brief-in-chief has been granted.
Deadlines to start an appeal. Filing of Appeal Recordsa The records for appeals in all misdemeanor and felony cases must be filed with the Clerk of this Court within ninety (90) days from the date the Judgment and Sentence is imposed. 22 O.S. § 1054. Rules 2.1(C).
(1) In the event an appeal is not perfected in a timely manner and no good cause is advanced as a reason, this Court will entertain a motion from the opposing party, or, on its own motion, may order that the appeal be dismissed. The dismissal shall constitute a default of the appeal by the appellant.
Rule 1.21 addresses the computation of time for the commencement of an appeal. Subsection (a) governs appeals from the district court. The court amended Subsection (a) to address confusion about what constitutes a final ?judgment, decree, or appealable order? under 12 O.S.
(2) Response to Motion. Within fifteen (15) days of the filing of a motion to dismiss, a response shall be filed. The argument and authorities in support of the response shall be included therein, and no separate brief may be tendered for filing.